Belo v. Commissioners of Forsythe County
Supreme Court of North Carolina
Municipal Bonds — Conditions Precedent — Action by Purchaser for Value — Injunction by Tax Payer — Retrospective Statute -- Judge’s Charge — Evidence. This was an ACTION for a Mandamus, to compel the defendants to provide for the payment of certain bonds alleged to have been issued pursuant to law by the County of Eor-.sytlie, tried at Spring Term, 1876, of Davidsok Superior Court, before Cloud, J. The action was commenced in Eorsythe and removed to Davidson.
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Municipal Bonds — Conditions Precedent — Action by Purchaser for Value — Injunction by Tax Payer — Retrospective Statute -- Judge’s Charge — Evidence. This was an ACTION for a Mandamus, to compel the defendants to provide for the payment of certain bonds alleged to have been issued pursuant to law by the County of Eor-.sytlie, tried at Spring Term, 1876, of Davidsok Superior Court, before Cloud, J. The action was commenced in Eorsythe and removed to Davidson. The question presented for the decision of this Court is so ■elaborately discussed by Mr. Justice ByNüm in delivering the opinion, that…
1Opinion of the Court
ByNüm, J.
The North "Western North Carolina Railroad •Company was incorporated by an ordinance of the Convention of 1868, and by Section 12 of the charter, the same ■power to subscribe to the capital stock of the company and ■subject to the like regulations and restrictions, is given to ■Counties and Towns, as was conferred by an Act incorporating the Atlantic & N. C. Railroad Company, passed by the Legislature of 1852. By section 34 of the latter Act, the .Justices of the County through or near which the road was located, “a majority concurring,” are authorized to fix upon a subscription sum…
2Cases cited15 opinions
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- Supervisors v. SchenckSupreme Court of the United States · 1867
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3Cited by23 opinions
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- Commissioners of Wilkes County v. CallSupreme Court of North Carolina · 1898
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